Damage Caused By Falling Objects From High Altitude Supplementary Tort Liability Of Property Service Enterprises

Throwing(falling)objects from a height causing damage to people happens from time to time in real life,posing a great danger to public safety and increasingly becoming a serious threat to social order.At the same time,property service companies have also developed and grown up,making disputes over whether and what kind of responsibility property service companies are responsible for in such throwing(falling)objects situations.In view of this,the thesis is divided into four parts:The first part is the presentation of the problem.The four typical cases of tort liability disputes between property service enterprises and community owners who failed to meet their safety obligations in the case of damage caused by throwing(falling)objects from a height show that there are five controversial issues in judicial practice:(1)where a specific tortfeasor commits the act of throwing(falling)objects,resulting in personal or property damage to the community owners,the property service enterprise is liable for the occurrence of the act of throwing(falling)objects to the community owners.(2)If the property service enterprise has the power to protect the property owner from the tort?(2)If the property service enterprise has the obligation to protect the owners of the district from personal or property damage,how can the nature of such obligation be determined?(3)The unclear content of the security obligations of property service enterprises;(4)What are the specific criteria for considering the security obligations of property service enterprises?(5)The tort liability of property service companies for breach of their security obligations,with a focus on the "corresponding supplementary liability" under Article 1198(2)of the Civil Code and the resulting disputes over the right of recovery,in order to ensure the effective implementation of their security obligations.The third part is the content of the safety and security obligations of the property service enterprises and the reasonable limit judgment standard.On the issue of content,there are mainly "four aspects" and "hardware and software standards" in the theoretical circles,and after comparative analysis,it is appropriate to adopt the "hardware and software standards".On the issue of judging standards of reasonable limits,the three basic principles of "reasonable limits" are introduced from the macro level of guidance,and the various statutory and agreed standards and industry standards of "reasonable limits" are specifically analysed from the micro level of operation,aiming to clarify the specific obligations undertaken by property service The aim is to clarify the specific obligations of property service companies and to provide criteria for the next step in the consideration of property liability.The fourth part is the tort liability of property service enterprises in breach of their safety obligations in the event of damage caused by objects thrown from height.Firstly,on the basis of the clarification that the "in accordance with law" in Article1254(2)of the Civil Code refers to the provisions of Article 1198 of the Civil Code,a detailed explanation of the type of liability in Article 1198(2)of the Civil Code "corresponding supplementary liability" is provided.There are three main interpretations of the doctrine: the doctrine of joint and several liability,the doctrine of contributory liability and the doctrine of supplementary liability.The second is a detailed analysis of how the provisions of Article 1198(2)of the Civil Code apply to property service enterprises as a type of safety and security obligation under the circumstances of throwing(falling)objects from a height.Firstly,it is clear that the "corresponding supplementary liability" should be "comprehensive consideration",combining fault,cause force and other factors to determine the specific amount of compensation referred to by the "corresponding".Secondly,it is clear that the scope of "supplementary liability" of the property service enterprise should be lower than the amount of damages of the tortfeasor who specifically implements the act of throwing(falling)objects,and the "supplementary liability" is the direct tort liability of the tortfeasor,and the property service enterprise enjoys the benefit of subordination.Thirdly,it is clear that property service enterprises have the right to claim damages in the event of a tort.Thirdly,it is clear that property service enterprises should not exercise the right of recovery from other responsible parties after taking responsibility,because the "corresponding supplementary liability" undertaken by property service enterprises is a kind of own responsibility.In general,property service companies have no right of recourse except for damages beyond their own proportion.